Life Impacting Points To Consider About Paternity Fraud:
The US Constitution
provides for Due Process and Equal Protection of life, liberty, property and pursuit of happiness. The state laws
are supposed to protect the victim in all cases of fraud, challenge your state's compliance to the United States
Constitution by raising the issue of non-constitutional laws.
DO NOT ALLOW INTIMIDATION or bullying by the mother, Hospital Staff, District
Attorney or Child Support Enforcement to cause you to give in and sign any documents that will change your
You are entitled to legal representation to help you understand "what you're being asked to sign" and what are the
benefits and consequences from signing. If you discover Paternity Fraud, after signing, in many cases -- the same
intimidators will claim "tough luck and that you should still pay".
Simply ask for copies of the documents and take them to the licensed attorney of
your choice for review and advice.
Do not sign anything, nor admit
paternity, nor agree to provide any type of child support until you have a completed Paternity Notification
Affidavit and results of at least one legally binding impartial DNA paternity test. If you do not have a court /
administrative order listing you as the child's father, it could be a good idea to put the child support money in
an interest bearing savings account, to be released only if DNA test results prove that you are the biological
father. If you're the unwed biological father and you want to have a relationship with the child. It maybe good
advice to seek counsel on legitimation, joint-custody, shared parenting agreement and child support determination
based on actual cost income model according to the federal guidelines.
Eliminate paternity acknowledgement at the hospital! Where the unwed alleged Dad is
most vulnerable without legal representation, who is not informed that paternity admission gets child support
but he gets ZERO visitation rights.
There is no reason for any man to admit paternity without results of legal
DNA paternity tests in hand prior to paying one dime of child support.
Paternity Fraud (PF) crime is one case where the victim gets blamed and
punished for trusting another human being to be honest!
Some people will say the PF victim should continue to pay because he didn't demand
proof of paternity from the accusing mother. An interesting question, Why would he ask for paternity proof
when he did not have experience with the child's mother to be a proven liar without a shred of
credibility and decency?
If the child's mother is a convicted con artist, historical liar to the accused male
or has been shown to have committed paternity fraud prior to this incident, why does the court accept the
mother's sworn paternity affidavit as fact even after a legal DNA test proves it was "fairy tale fiction or
It is categorically in the best interest of the truth to get a legal DNA paternity test as soon
as you hear "filing for divorce, I want your house and child support, or you want to know beyond any doubt".
If the accused husband, boyfriend or one nighter does not demand the legal paternity test in writing and
require contempt enforcement to insure completion by all parties if alive at time of hearing.
An honest mother should easily consent to complete an Paternity Notification Affidavit.** Do the right thing, tell the TRUTH, the man and the child deserve to know the
If the mother balks at signing a Paternity Notification Affidavit. This maybe a sure sign of trouble!! You will be glad that you did not fork
over any cash based on verbal veracity (honesty).
NEVER, NEVER ever pay child support in cash -- it is too hard to prove payments
unless the custodial parent signs a receipt.
It is BETTER to use money orders, checks or Income Deduction Order to paying child
Do not use blood group type testing alone, it can be used for limited exclusions.
1Man prefers to DEMAND DNA Paternity tests using an impartial third party lab (1Man has received reports from
men alleging their DNA reports had been altered to name them as the biological father. In one case, there
were three DNA tests done before the whole truth was discovered.
This means it would be a defensive strategy to select a genetic lab that meets your
states accrediting guidelines. The American Association of Blood Banks (AABB) does not have any relationship
with your state or child support agency.
The legal paternity test results are prima facie evidence in many states! This does
not apply to home paternity tests.
IF you're innocent then tests from two or more genetic labs should report the same results. If the results are
different, somebody may be altering your final report to create the illusion of paternity or their was insufficient
If this happened to you, it may be considered as "conspiracy to commit fraud". SEEK IMMEDIATE help from a competent
civil or tort lawyer, notify the local District Attorney in writing and the State Attorney General. If this type of
fraud and cover up happens to one man, it is a danger to the public at large!
DNA test results have been consistently used to free the innocent man accused of rape or murder. Paternity Fraud
and Child Support Fraud is FINANCIAL RAPE! If you're innocent of the alleged crime, then decency and humanity
warrants your freedom!
If the DNA paternity test results indicate that you are excluded as the biological
father, immediately seek to vacate or set aside all child support orders, arrearage and obtain a court order
of non-paternity. Get your name removed from all of the minor child's records including birth certificate,
medical records, school records, State's Putative father registry and anything else.
DO NOT ACCEPT verbal agreements from anyone, that everything is OK to leave "as is" with you named as responsible
for child support for the mother's child when a paternity test shows zero percent paternity. You can be stripped
financially, held in contempt, and even jailed for non-compliance with a court order by some judges. It actually
happened to a non-bio Dad in Ohio! He's suing for fraud and restitution since Ohio passed a law in 2000 that "FREEs"
the non-Dad from the child support money trap.
There are double standards in child support fraud. The Law demands restitution for fraud involving DHR, Child
Support Enforcement, social security, Medic-Aid, Temporary Assistance for Needy Families (TANF) and other public
The child's mother will be required to payback any fraud for monies or services
committed against a public or private agency -- but she can keep the money stolen from the wrong man? The
double standard is a bit obvious. Can you see it?
Could a child's life could be at risk for medical needs, when the duped Dad does not match genetics in an emergency
What about long term emotional and financial damage to the paternity fraud victim,
victim's family and the mother's child? This scenario can be avoided by upfront DNA paternity tests at the
hospital and this would insure that the baby goes home with correct family.
The non-paternal man's right to support his wife, children, church and community should be superior to any child
support order in all paternity fraud cases. The child support order and arrears must be cancelled in all paternity
fraud cases, to allow the victim to be restored to pre-fraud conditions.
You better be prepared to fight for your family, don't expect any concessions nor any mercy from the child support
There are no laws to provide automatic restitution for paternity fraud. Start lobbying efforts to enact Paternity
Fraud legislation that requires restitution.
Mothers should be required to complete a Paternity Notification Affidavit to obtain child support for her birth child(ren) in all cases!
In 2002, May 9th -- Georgia's Governor Roy Barnes signed HB 369 into law.
In 2000, OH passed a law to relieve paternity fraud victims from child support and
arrears when genetic tests proved paternity equals 0.00 percent.
In 2000, Maryland Court of Appeals upheld similar ruling based on their 1995 law to
relieve paternity fraud victims. Related cases exist for other states in AL, FL, IN, WI, AK, TN, CT, VA, KY
There are cases where the paternity fraud victim managed to successfully get out of
the "child support money trap". Some after expensive, lengthy court battles and appeals process. But there
are others that were unsuccessful and yet remain, "trapped in the child support money trap". Some cannot
afford the uphill legal fight.
Have any men committed suicide because of despair and depression? Sadly, YES!
Are the Child Support Agencies only interested in getting any male name on
documents, more than insuring that the biological parents are responsible party for child support?
There are many cases where Child Support Attorneys fought to make the paternity
fraud victim pay child support, even after they knew he was not the biological father.
Beat the victim? What? I thought this was a civilized society? Ask Frank Hatley and others.
I have personally experienced most of the issues listed on this page including
being forced out of my biological son's life as a long distance (~500 mi) NCP and Parental
Alienation Syndrome (PAS). I'm the Dad that got left behind, after the ex-fiance` said she wanted
be single and free to date other people "after we got engaged and had a son".
My long lost son is now 18 years old and I don't know where he lives now, but I
paid my child support with deductions from my check. What a deal, I have the right to pay -- but
can't exercise my court ordered visitation. Just in case, you're wondering -- NO, I don't have a
criminal record and never committed domestic violence.
But I'm still here as living proof that GOD will help you survive. Don't you
dare give up! Ask GOD for help and ask others for help. Then educate yourself, prepare for war then
go fight for changes that promote the child's access to both biological parents. You are more than
a conqueror through JESUS CHRIST.
When GOD is on your side, no one can up stand against you! Be patient. Exo.
Signed - Carnell Smith Pf.V, aka "Man4Justice",